Be My Hero Contest

WHAT:
Be My Hero is a contest to design a novelty print for boys ages 6-12 that will be
manufactured and distributed to fabric stores all over by Timeless
Treasures, one of the leading producers of innovative fabrics for the
quilting and crafting markets. The contest winner will receive a
contract offer accompanied by a $500 advance against royalties, and all of the top ten designers will receive $150 in Spoondollar credit. The theme of the design? Be My Hero.

WHEN: The deadline for entering a design
is October 30, 2012. Voting will take place between all designs
selected as semifinalists November 1-7. The winner and top ten will be
announced on November 8, 2012.

HOW: To enter,
just create your own Spoonflower account, upload an original fabric
design to the account (sized at 150 dpi and using one of the accepted
file formats), and then enter the design in the Be My Hero contest using
the pull-down options for entering contests before the deadline. See
official rules below for details.

FAQ:

Who can enter?This contest is open to ALL Spoonflower community members.

How many designs can I enter?You
can enter only ONE DESIGN in each contest. Designs entered in previous
Spoonflower contests are not eligible. Designs already licensed for
reproduction on fabric with other companies are not eligible.

Who will judge the contest?Representatives
from Spoonflower and Timeless Treasures and fabric designer Samarra Khaja (known to many as SammyK on Spoonflower) will narrow the field of
entrants before community voting opens based on their own subjective
judgements. All decisions to eliminate entries from the field will be
final. The top ten designs will be selected by community voting, but the
winning design will be selected from the top ten by Timeless Treasures
Fabrics.

Who can vote?Anyone can vote
(when voting opens on November 1), but only one set of votes may be
submitted per individual. Duplicate votes are filtered using fraud
detection software and not counted toward final totals.

What if I don't want my design to be purchased by other people?We do not sell or offer for voting any design without explicit
permission from its creator.

Am I giving up copyright of my design by entering it?You are not giving up ownership of your design, but by entering
your
design in the contest you give us the non-exclusive right, should your
design finish in the top ten, to make it
available for sale in the Spoonflower marketplace per the customary
terms of the Spoonflower marketplace, which grant you a
10% commission on retail sales. You will always be credited for your
design and you are free to continue to sell it on your own now and in
the future. The winner will be offered a contract to license her or his
design for fabric production by Timeless Treasures Fabrics.

2. Eligibility. Promotion is open only to persons
who are 13 years of age or older as of October 9, 2012. In order to
submit a design to the contest, each participant must also be a
registered member of Spoonflower at the time of entry. To become a
registered member of the Spoonflower web site, individuals must register
for, create an account, and agree to the Spoonflower web site’s Terms
of Service, set forth at www.spoonflower.com/terms
(“Terms of Service”). Proof of age may be required. There is no fee or
charge to become a registered member. Employees, officers, directors and
representatives of Timeless Treasures and Spoonflower, as well as
immediate family members (spouse and parents, siblings and children and
their spouses) and persons living in the same households of each of the
above are ineligible to participate. In order to participate you must be
able to demonstrate to the satisfaction of the Sponsors that you do not
have a current contractual arrangement that would prohibit you from
fully participating in this contest and entering into a contract with
Timeless Treasures for merchandising and distribution of your designs on
textiles.

3. Territories. The competition and its rules are
void where prohibited by law. All federal, state, provincial and/or
local laws apply. This Promotion is open to residents of any country,
with the exception of residents of Cuba, Iran, North Korea, Sudan,
Myanmar/Burma, Syria, Zimbabwe and/or any other country with U.S.
sanctions in place, and is void where prohibited by law.

4. Timeline. The Promotion submission period
begins at 10:00 AM Eastern Time (“EST”) on Thursday, September 5, 2012.
The contest will close to new entries on Tuesday, October 30, 2012, at
11:00pm EST. Between October 30 and November 1, moderators appointed by
the Sponsors will select select no more than 400 competition designs
from the pool of designs entered (if the number of entries exceeds 400).
Sponsors’ decisions on which entries become competition designs will be
final. All submissions must be uploaded to Spoonflower and entered into
the contest by 11 pm EST on October 30, 2012. Voting on the competition
designs will open at 10 am EST on November 1, 2012 and end at 6pm EST
on November 7, 2012. On November 7, Sponsors will choose one of the top
ten designs -- as determined by totals of votes cast on the Spoonflower
contest page -- as the overall winner. The winning design will be
announced on November 8, 2012. Summary of contest timeline:

11/7/2012 - Public voting will end. Sponsors will choose one winner from the top ten entries, as calculated by total votes.

11/8/2012 - Spoonflower will announce winning design, as well as the top ten.

5. How to enter a design in the competition. No
purchase is necessary to enter or win. You must be a registered member
of Spoonflower in order to enter a design submission for the Promotion.
To register and to enter, visit www.spoonflower.com,
fully complete all required fields on the online registration form as
presented, submit the online registration form and then upload and enter
your design per the instructions below. There is no cost or fee to
register or to enter or to become a registered member of Spoonflower.
The contest is limited to one (1) design submission per person. The
design theme for the initial round of submissions is heroes. Based on
questions we receive, we may post modifications or clarifications to the
requirements on the BeMyHero contest page of the Spoonflower blog (http://blog.spoonflower.com/bemyhero.html
), so please check back periodically. Designs must be original and
cannot have been entered in previous Spoonflower contests. Previously
entered designs may be disqualified and deemed ineligible to be
selected. Multiple entries may be disqualified. To enter a design in the
contest from a Spoonflower account:

b. Once you have logged in to Spoonflower go to your design library. If you don't yet have any designs, upload the design you wish to enter.

c. Upload a design in JPG, PNG, or TIF
formats, or .AI, .EPS, or .SVG. Artwork should be sized at 150 dpi. Once
uploaded, you can use the contest entry page to edit the repeat style
of your fabric design. Please proof the size and layout of your design
carefully. All contest fabrics will be previewed for voting using the
‘fat quarter’ view, which is at a scale that shows a 21” x 18”
representation of fabric. Please make sure your design is in repeat. Do
not choose the ‘centered’ layout option.

d. Pull down the Action menu over the
design you wish to enter in the contest, and select BeMyHero under the
heading Enter in Contest.

e. Choose the layout option for your
design, then click the button that reads "Enter in Contest". If you wish
to change the size/dpi of your design or its repeat style, you can do
so using the edit option on this page.

f. If you decide to enter a different
design or make changes, you can withdraw a design by following the same
steps, then entering a new design.

g. You can have only one design active
in the contest at a time. Once the entry period closes, we will 'freeze'
the submitted designs.

6. Ownership Of Submitted Designs. All design submissions will be subject to the Spoonflower's Terms of Service
(http://www.spoonflower.com/terms) and the additional terms set forth
below. Each entrant must be the rightful owner or have authorized use of
the e-mail account associated with the e-mail address used to create
the Spoonflower account. Limit one (1) person per e-mail address and one
Spoonflower account per person. If more than one entry is generated by
an individual, additional entries will be disqualified and ineligible
for the Promotion. Entries and registration submissions that are
inappropriate or in any way out of compliance with these Official Rules
will be disqualified. Only the winning entry will be offered a licensing
contract from Timeless Treasures. All other entries remain the property
of the individual entrants. Design submissions will be accepted only
through the Spoonflower web site. Submissions by email, mail, on CD or
through any other means will not be included for consideration. Designs
submitted for voting must be public, but need not be available for sale.
By entering the Promotion, you acknowledge that the design you submit
is your own original work, has not been previously published, and does
not contain any trademarks, logos, copyrighted material, or any other
intellectual property belonging to any third party. You agree to sign
any necessary documentation that may be required by Timeless Treasures
to certify the use of the rights you granted above. You acknowledge that
Sponsors reserve the right to decline to use the design for any reason.
You understand that you will not receive any compensation or credit for
use of your design, other than what is described in these Official
Rules. If the Sponsors determine in their sole discretion that an
Entrant has materially breached a representation or warranty at any time
during the Competition, then the Entry will be disqualified.

7. Expectations of Entrants. The theme for the
initial round of the contest is fabrics with the theme of heroes. Should
an entrant’s design be selected by the Sponsors as the winner, he or
she will be expected to sign a contract to work with the team at
Timeless Treasures to develop and finalize the artwork to prepare it for
manufacture and marketing. As a Participant, you also grant Sponsors
the right to use your name, a preview of your design, and any
biographical information or photos that you provide to us, in connection
with the Promotion or your design, in all media (now known or later
developed), in any manner, throughout the world, in perpetuity, to
promote the Promotion, Spoonflower or Timeless Treasures.

8. Ownership of winning design. Participants in
this contest must agree to grant Timeless Treasures the option to
purchase full ownership rights to their fabric collection should they
win the contest, per the terms of the licensing contract that will be
offered to the winner. Neither Spoonflower nor Timeless Treasures assert
any rights over submitted designs not designated winners. Entrants are
free to delete designs they have uploaded to Spoonflower at any time.

9. Expectations of Voters. Voting will be open to
all visitors to the contest page on the Spoonflower web site. Votes by
phone, email, or mail will not be accepted. Online voting will be
restricted to a single set of submitted votes per person. Duplicate
voting sessions or votes for which Entrants have offered some incentive
or compensation, as determined by IP address and other fraud-detection
tools, will not be counted. Determinations about the validity of votes
or the final vote counts belong solely to Spoonflower.

10. Similar Ideas. Each Entrant understands and
acknowledges that: i) the Competition Entities have wide access to
ideas, images, artistic works and other creative materials, and those
new ideas are constantly being developed by other individuals; ii) many
designs or images may be competitive with, similar to, or identical to
content in the Entry and/or each other in style, concept, rendering, or
other respects; iii) Entrants will not be entitled to any compensation
as a result of the Sponsors' use of any such similar or identical
material that has been or may be received by any of the Competition
Entities from other sources. Except where prohibited by law, each
Entrant acknowledges and agrees that the Sponsors do not now and shall
not have in the future any duty or liability, direct or indirect,
vicarious, contributory, or otherwise, with respect to the infringement
or protection of the Entrant’s copyright in and to the Entries. Finally,
each Entrant acknowledges that, with respect to any claim by an Entrant
relating to or arising out of any Competition Entities' actual or
alleged exploitation or use of any Entry or other material submitted in
connection with the Competition, the damage, if any, caused to the
applicable Entrant will not be irreparable or otherwise sufficient to
entitle such Entrant to seek any injunctive or other equitable relief or
in any way enjoin, otherwise interfere with, delay, or interrupt the
production, distribution, exhibition, or other exploitation of any
product based on, or allegedly based on, the Entry, and Entrant’s rights
and remedies in any such event shall be strictly limited to the right
to recover damages, if any, in an action at law.

11. Prize. Winner will receive the offer of a
contract with Timeless Treasures to produce and market his or her own
fabric design, a $500 advance (minimum guarantee) against royalties for
yards printed, paid upon signed contract. The winner will be a single
design that a) finishes in the top ten of all submitted designs as
measured by number of votes by the time contest voting closes at 6 pm
EST on November 7, 2012, and b) is selected as the winner by authorized
representatives from the Sponsors from the top ten designs. All
decisions by the Sponsors as to eligibility of voters, votes, or
submitted designs are final. All prize elements are subject to the
contract signed between the winner and Timeless Treasures. No transfer,
assignment, substitution or cash equivalent of any prize element will be
permitted. Winner is solely responsible for the reporting and payment
of any applicable federal, state and/or local taxes on his/her prize.
The actual value of royalties in the prize elements set forth above will
depend upon the yards printed of the winner’s fabric design and the
specific terms of the contract signed with Timeless Treasures. Winner
agrees and acknowledges that Sponsors may share his/her name, address
and other contact information with one or more third parties in
connection with the awarding and/or delivery of the prize, as necessary
to deliver and promote the prize. All of the top ten entrants, including
the winner, will receive $150 in credit for Spoonflower products,
visible in their Spoonflower account and available through the use of
the web site as “Spoondollars.”

12. Contact. If you have any questions, please drop us a line here,
or send an email to help@spoonflower.com. The selected finalists and
winner will be notified by e-mail (via the current e-mail address
associated with selected winner’s Spoonflower account) according to the
contest timeline above. Sponsors shall have no liability for any winner
notification that is lost, intercepted or not received by a potential
winner for any reason. In Sponsors’ sole discretion, a selected winner
may be required to forfeit his/her prize and an alternate winner may be
selected in accordance with these Official Rules from among the
remaining eligible entries if such selected winner: (i) is unreachable
or winner notification is returned as undeliverable; (ii) declines or
cannot accept, receive or use the prize for any reason; or (iii) fails
to comply with these Official Rules. A forfeited prize may not be
awarded. If the winner is a minor, Sponsor will require additional
documentation from winner’s parent or legal guardian.

13. General Conditions. By participating in this
Promotion, each entrant agrees to be bound by these Official Rules and
the decisions of the Sponsors, which are final and binding in all
respects and cannot be appealed. By entering, each entrant agrees and
acknowledges that Sponsors, and each of their respective parent
companies, affiliates, divisions, subsidiaries, franchisees and
advertising and marketing agencies, and each of their respective
employees, officers, shareholders, directors, representatives and agents
(collectively, “Released Parties”) are not responsible for and shall
not be liable for: (i) late, lost, delayed, misdirected, incomplete,
unreadable, inaccurate, garbled or unintelligible entries; (ii)
telephone system, facsimile, technical or computer malfunctions, lost
connections or transmissions, disconnections or other errors of any kind
whether mechanical, human, electronic or otherwise relating to or in
connection with the Promotion, including, without limitation, errors
which may occur in connection with the administration of the Promotion
or the processing of entries; (iii) data corruption, theft, destruction,
unauthorized access to or alteration of entry or other materials; (iv)
any injuries, losses, costs, expenses or damages to person or property
of any kind caused, in whole or part, directly or indirectly, by the
prize or resulting from redemption, acceptance, possession, loss or use
or misuse of any prize or from participating in the Promotion or any
Promotion related activity; (v) inability to participate in the
Promotion; or (vi) any printing, typographical, human, administrative or
technological errors in any material associated with the Promotion. No
more than the number of prizes stated in these Official Rules will be
awarded. Sponsors reserve the right, in their sole discretion, to
modify, cancel or suspend this Promotion (or any portion of the
Promotion) should an error or a virus, bug, computer problem or other
cause or problem corrupt or inhibit the administration, security or
proper operation of the Promotion and, in such situation, to select the
winner from the remaining eligible non-suspect entries received prior to
and/or after such action or in such manner as deemed fair and
appropriate by Sponsors in their sole discretion. In the event that
Promotion is modified, cancelled or suspended, notification of such
event will be posted on the contest page of the Spoonflower blog.
Sponsors may prohibit an entrant from participating in the Promotion or
winning a prize if, in their sole discretion, Sponsors determine entrant
is attempting to undermine the legitimate operation of the Promotion by
cheating, hacking, deception, or other unfair practices or intending to
annoy, abuse, threaten or harass any other entrant or any
representative of either of the Sponsors. Any attempt by a person to
deliberately damage any web site or undermine the legitimate operation
of the Promotion is a violation of criminal and civil laws and should
such an attempt be made, Sponsors reserve the right to seek damages from
any such person to the fullest extent of the law. Sponsors have not
made and/or are not responsible for any misrepresentation or guaranty,
express or implied, in fact or in law, relative to the prizes.

14. Right of Publicity. By accepting a prize,
winner agrees and acknowledges that the Sponsors and any of their
designees may, without any limitation or further compensation, use his
or her name, design, biographical data and/or likeness in any and all
media now known or hereinafter devised, throughout the universe and in
perpetuity, for any commercial purpose including, but not limited to,
advertising and promoting the Promotion or any other promotion, contest
or promotion sponsored by one or both of the Sponsors, except where
prohibited by law.

15. Technical Limitation of Liability. To the
extent permitted by applicable law, neither the Sponsors nor any of
their respective parents, subsidiaries, affiliates, advertising and
promotion agencies, legal and financial advisers, any and all companies
associated with this Competition after these Official Rules are
published, and each of their respective officers, directors,
shareholders, agents, licensees, licensors and employees, nor any
Internet access providers (collectively “Released Parties”) are
responsible for incorrect or inaccurate entry of information, human
error, technical malfunction, lost/delayed data transmission, omission,
interruption, deletion, defect, line failure of any telephone, computer
or other network, computer equipment, software or any combination
thereof, inability to access the contest entry page or the Spoonflower
web site, for problems uploading any Entries or downloading or viewing
any Competition-related materials from the Spoonflower web site, or for
late, lost, stolen, damaged, corrupt, misdirected, incorrect, garbled,
delayed, undelivered or incomplete Entries, or other materials, except
to the extent resulting from the negligence of a Released Party. For
purposes of these Official Rules, receipt of Entry occurs when the
Spoonflower web site’s servers successfully receive the uploaded design
file and record the required Entry information via the contest entry
instructions described above. Any Entry/Entrant information collected
during the Competition shall be used only in a manner consistent with
the consent given by Entrants, at the time of entry, with these Official
Rules.

16. Limitations of liability. Sponsors disclaim
any liability for damage to any computer system related to participating
in, or accessing or downloading information in connection with the
Promotion. Except where prohibited by law and to the extent that the
negative consequences described below are the foreseeable result of
matters within the Released Parties’ reasonable control and are the
direct consequence of negligence or default by any of them, the Released
Parties are not responsible for any incorrect or inaccurate entry of
information, human error, technical malfunction, lost/delayed data
transmission, omission, interruption, deletion, defect, line failure of
any telephone, computer or other network, computer equipment, software
or any combination thereof, inability to access the Spoonflower web
site, for the inability to upload or download any Competition-related
materials from Spoonflower, or for late, lost, damaged, corrupt,
misdirected, delayed, garbled, incorrect inaccurate, stolen, damaged, or
incomplete Entries or votes.

17. Applicable Law. By entering the Promotion,
each entrant agrees that: (1) any and all disputes, claims, and causes
of action arising out of or connected with the Promotion, or any prizes
awarded, shall be resolved individually, without resort to any form of
class action; (2) any and all claims, judgments and awards shall be
limited to actual out of pocket costs incurred, including costs
associated with entering the Promotion, but in no event will attorneys’
fees be awarded or recoverable; and (3) under no circumstances will any
entrant be permitted to obtain any award for, and each entrant hereby
knowingly and expressly waives all rights to seek, punitive, incidental
or consequential damages and/or any other damages, other than actual out
of pocket expenses, and/or any and all rights to have damages
multiplied or otherwise increased. All issues concerning the
construction, validity and enforcement of these Official Rules, or the
rights and obligations of the entrant and Sponsors, shall be construed
and governed by the laws of the state of North Carolina, without regard
to conflicts of law. All suits or claims brought in connection with this
Promotion must be brought in a state or federal court in North
Carolina.